Group says Franklin Co. judges owe constables than $50k

HARRISBURG >> Constables claim that magisterial district judges in Pennsylvania owe them $6.5 million in back fees.

The amount claimed by the elected officers of the law includes more than $50,000 from magistrates in Franklin County.

The Pennsylvania Fraternal Order of Constables started by petitioning Commonwealth Court, then the Supreme Court and finally Gov. Tom Wolf.

"The court system is saying we don't have anything to do with this," said Ian Castaneira, a spokesman for the group and Highspire constable for 7 years. "The governor is the chief executive officer and can force counties and the court system to obey the law."

A Pennsylvania constable is a law enforcement officer elected at the municipal level, but has statewide authority. A constable's primary duty is to serve warrants for magisterial district judges.

The local judge has the responsibility under law to pay a constable within 30 days for serving a warrant. The judge would then collect the fee from the defendant. The fee is about $25 plus mileage.

A magisterial district judge usually does not require a defendant to pay a constable's fee before setting up the payment schedule for fees, fines and court costs. The judge and his staff are paid regularly as the payments trickle in, but not the constable.

"You're not getting your money up front, so you wait," Ian Castaneira said. "The only person who gets hurt is the constable who provides a service."

Pennsylvania Fraternal Order of Constables claims that Dauphin County and magisterial district judges there owe constables nearly $700,000 in back fees. In Franklin County the back fees amount to $51,098.

Franklin County Controller Carol Fix Diller said she was not aware of constable's efforts to collect back fees.

"Everything that comes through here, we pay," she said. "There's not a lot of arbitration. We try to have a good working relationship with our constables."

Magisterial district judges submit invoices for constable fees to the controller. Constable fees for each duty are set by statute.

Franklin County has six magistrate judges and can have up to 28 constables. Twenty of the constable positions are filled. Typically a constable establishes a relationship with a magisterial district judge who supplies the constable with warrants to serve.

Constables elected outside the county however can serve warrants in the county and work for judges in the county. Pennsylvania has 1,300 constables.

Diller said the only snafu in county relations with constables came several years ago. Understaffed local police departments had called on constables to transport recently arrested people from jail to their preliminary arraignments.

The county refused to pay because the county was not responsible for the person until he or she was arraigned, Diller said. Local municipalities were to pay for the transportation. The controller's solicitor, county solicitor, courts and magisterial district judges met and decided what was correct.

"We resolved it by not paying, and they stopped," Diller said.

Periodically the position of constable has come under fire. Over the years, training requirements have been added.

Castaneria said constables can bring in $75 million to state by serving outstanding warrants. Because they are paid per service, constables save the state pension and equipment costs.

Castaneira said constables will be seeking legislators to sponsor legislation that would broaden constable training, establish a citizens' complaint bureau, require judges to use elected constables and allow constables to access records available to other law enforcement officers.

The position has its basis in English medieval law. The current duties of a Pennsylvania constable includes serving arrest and mental health warrants, summons, complaints and subpoenas. They transport prisoners. They serve and enforce protection from abuse orders as well as orders of eviction and judgement levies. Constables are also charged with maintaining order at the election polls and ensuring that no qualified elector is obstructed from voting. While constables primarily serve the courts, they are part of the executive branch of government.

Should Wolf not enforce the payment of fees due constables, Casaneira said the group may consider the federal courts. They might also seek enforcement of "theft of services."